Hawkins v. Holland

PHILLIPS, Judge.

In each appeal defendant poses four identical questions, two of which are encompassed by the other two — Did the court err in (1) dismissing defendant’s counterclaim for the unpaid balance of the construction contract, and in (2) holding defendant liable for the payments received on the construction contracts?

As to the first question, we hold that dismissing defendant’s counterclaim by summary judgment was not error. For the written contracts, affidavits, and other materials presented to the court establish without contradiction that defendant, individually, contracted with…